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 Post subject: SOPA/PIPA and ACTA
PostPosted: Fri Jan 27, 2012 9:57 AM 
Trolling like there is no tomorrow!
Trolling like there is no tomorrow!
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There has been a lot of debate over SOPA and PIPA but there has not been much discussion on ACTA. There is a report on Infowars.com (take it for what it is worth) by Paul Watson discussing the "treaty" that Obama signed in October 2011 that had very little outside discussion.

(full story here)

Quote:
Months before the debate about Internet censorship raged as SOPA and PIPA dominated the concerns of web users, President Obama signed an international treaty that would allow companies in China or any other country in the world to demand ISPs remove web content in the US with no legal oversight whatsoever.

The Anti-Counterfeiting Trade Agreement was signed by Obama on October 1 2011, yet is currently the subject of a White House petition demanding Senators be forced to ratify the treaty. The White House has circumvented the necessity to have the treaty confirmed by lawmakers by presenting it an as “executive agreement,” although legal scholars have highlighted the dubious nature of this characterization.
...
Under the provisions of ACTA, copyright holders will be granted sweeping direct powers to demand ISPs remove material from the Internet on a whim. Whereas ISPs normally are only forced to remove content after a court order, all legal oversight will be abolished, a precedent that will apply globally, rendering the treaty worse in its potential scope for abuse than SOPA or PIPA.
...
The treaty will also mandate that ISPs disclose personal user information to the copyright holder, while providing authorities across the globe with broader powers to search laptops and Internet-capable devices at border checkpoints.
The writer states that ACTA can give other countries the ability to shut down websites in this country without any other legal oversight - no court order.

By calling this an “international agreement” rather than a treaty, the Obama administration managed to circumvent the legislative process and avoid having to get Senate approval.

Quote:
even if Obama has declared ACTA an executive agreement (while those in Europe insist that it’s a binding treaty), there is a very real Constitutional question here: can it actually be an executive agreement?” asks TechDirt. “The law is clear that the only things that can be covered by executive agreements are things that involve items that are solely under the President’s mandate. That is, you can’t sign an executive agreement that impacts the things Congress has control over. But here’s the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to Congress, not the President. Thus, there’s a pretty strong argument that the president legally cannot sign any intellectual property agreements as an executive agreement and, instead, must submit them to the Senate.”


I want to do more research on this, but this looks like an overstepping of authority.


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 Post subject: Re: SOPA/PIPA and ACTA
PostPosted: Fri Jan 27, 2012 10:33 AM 
Trakanon is FFA!
Trakanon is FFA!
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I believe that second analyst is correct in his assessment. Unless Congress approves it, this "executive agreement" has zero legal force.

That being said, if that thing really does what the first guy says it does (not guaranteed), then we should be lighting up Congress again. Something's out of place here, though. Brighter minds than mine would have included this in the blackouts and protests, and they didn't. This might just be follow-up alarmism because SOPA and PIPA got tons of attention and that focus wasn't really monetized, a missed opportunity that must crush marketing professionals' little black hearts.


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 Post subject: Re: SOPA/PIPA and ACTA
PostPosted: Fri Jan 27, 2012 10:41 AM 
Trakanon is FFA!
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So I'm reading ACTA, and it's not scary.

Article 3, Section 1:
Quote:
This Agreement does not create any obligation on a Party to apply measures
where a right in intellectual property is not protected under its laws and regulations.

That includes the laws governing fair use, taking a lot of teeth out of this thing's potential for abuse.

Article 4, Section 1:
Quote:
Nothing in this Agreement shall require a Party to disclose:
(a) information, the disclosure of which would be contrary to its law,
including laws protecting privacy rights, or international agreements to which it is party;
(b) confidential information, the disclosure of which would impede law
enforcement or otherwise be contrary to the public interest; or
(c) confidential information, the disclosure of which would prejudice the
legitimate commercial interests of particular enterprises, public or private.


I'll have to finish this later, I'm called in to work.


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